Advanced Search Results

Entertainment Electronics (P.) Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : Direct Taxation

Reported in : (1988)25ITD1a(Hyd.)

word 'manufacture' was not at all defined anywhere in the Income- tax Act. But now by means of Finance Act, 1987 in Explanation (3) of Section 10A(7) the word 'manufacture' is defined as follows : (c) recording of programmes … premises, in which case six months' notice is required for evacuation of the tenant from the premises under Section 106 of the T.P. Act. Admittedly, a flour mill was constructed in the leased premises and the lease was

M. Ethurajan Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Madras

Subject : Direct Taxation

Reported in : (1998)65ITD87(Mad.)

It was pointed out that in view of the amendment in the provisions of section 271(1)(c) by the Finance Act, 1964 and the insertion of Explanation 1 by the Finance Act, 1975 the ratio of the said Supreme … The rationale behind this view is that the basic facts are within the special knowledge of the assessee. Section 106 of the Indian Evidence Act, 1872, gives statutory recognition to this universally accepted rule of evidence. There is

Commissioner of Income-tax Vs. A. Sreenivasa Pai

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 139, 139(5), 271 and 271(1)

Reported in : (2000)160CTR(Ker)216; [2000]242ITR29(Ker)

31, 1976, and (c) after April 1, 1976. Originally, the word 'delibe-rately' existed which was omitted by the Finance Act, 1964, with effect from April 1, 1964. An Explanation was inserted at the end of Sub-section (1) of … the head 'Other sources' in the revised return filed on October 16, 1987. In the course of assessment proceedings, the Assessing Officer initiated penalty proceedings … The rationale behind this view is that the basic facts are within the special knowledge of the assessee. Section 106 of the Indian Evidence Act, 1872, gives statutory recognition to this universally accepted rule of evidence. There is

Reckitt and Colman (i) Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : Direct Taxation

Reported in : (1993)46ITD273(Kol.)

drew our attention to the decision of the Calcutta High Court in CIT v. Bejoy Kumar Almal [1977] 106 ITR 743 in support of his claim that the clarificatory amendment such as one made by the Finance … assessee. On the question of merger be relied on the Explanation (c) incorporated in Section 263(1) by the Finance Act, 1988 with effect from 1-6-1988 under which the power of the Commissioner under Section 263 was extended to

New Vijay Agency Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Madras

Subject : Direct Taxation

Reported in : (2000)74ITD504(Mad.)

concerned and further amendments brought by the Taxation Laws (Amendment) Act, 1975 as well as Explanation introduced by Finance Act, 1964, the Hon'ble Orissa High Court at p. 647 held as under : "....... The position of law … asst. yr. 1988-89 as the accounting year of the assessee is from 1st June, 1986 to 31st May, 1987. As per the copy of the statement of the income filed by the assessee for the asst. yr. … the basic facts are within the special knowledge of the assessee. Sec. 106 of the Indian Evidence Act, 1872, gives statutory recognition to this universally … the income arising on account of s. 68 and income earned otherwise. Sec. 68 dwells on deeming provision which applies when the assessee's explanation is

New Vijay Agency Vs. Assistant Commissioner of Income Tax

Court : Chennai

Subject : Direct Taxation

Reported in : [2001]74ITD504(Mad)

concerned and further amendments brought by the Taxation Laws (Amendment) Act, 1975 as well as Explanation introduced by Finance Act, 1964, the Hon'ble Orissa High Court at page 647 held as under-'. . . The position of law … The rationale behind this view is that the basic facts are within the special knowledge of the assessee. Section 106 of the Indian Evidence Act, 1872, gives statutory recognition to this universally accepted rule of evidence. There is

income-tax Officer Vs. R.K. Bros.

Court : Income Tax Appellate Tribunal ITAT Allahabad

Subject : Direct Taxation

Reported in : (2003)87ITD649(All.)

as under in the case of Prathi Hardware Stores (supra): A conspectus of the Explanation added by the Finance Act, 1964 and the subsequent substituted Explanation makes it clear that the statute visualised the assessment proceedings and penalty … The rationale behind this view is that the basic facts are within the special knowledge of the assessee. Section 106 of the Indian Evidence Act, 1872 gives statutory recognition to this universally accepted rule of evidence. There is … order in the case of M/s. Padma Pathak for the assessment year 1987-88 dated 29th June, 1992 in appeal No. 26/w-1/MZP/91-92. 4. In view of

Peerless General Finance and Investment Co. Ltd. and anr. Vs. Reserve ...

Court : Kolkata

Subject : BankingCompany

Acts : Reserve Bank of India Act, 1934 - Section 45J, 45K, 45K(3) and 45L

Reported in : [1996]85CompCas808(Cal)

fact complied with the same in toto for two years, i.e., 1987-88 and 1988-89.6. In 1989, the Timex Finance and Investment Company Limited moved a writ petition in this court challenging the legality and validity of the … can show whether the Reserve Bank applied its mind to relevant considerations in framing the impugned amendments. Under Section 106 of the Evidence Act, the burden of proof is on the Reserve Bank to establish that they have

Dharam Pal Satya Pal Ltd. and anr. Vs. the Commissioner, Value Added T ...

Court : Delhi

Subject : Value Added Tax

Acts : Delhi Value Added Tax Act, 2004 - Sections 74A, 106; Constitution of India - Article 226; General Clauses Act - Section 6

admission of tax liability which the assessee admits to have incurred in accordance with the provisions of the Finance Act and the Income Tax Act. Both the quantum of tax payable and its mode of recovery are authorized … v. M/s. Shah Sadiq & Sons (1987) 3 SCC 516 at 524: (AIR 1987 SC 1217 at p.1221). Accordingly, we hold that despite repeal of Act … Taxes, New Delhi [2008] 16 VST 361 (Delhi) and also regard being had to the terms employed under Section 106 of the DVAT Act which deals with repeal and savings, a suo motu revisional power could not have

Nageswara Rice Working Co. Vs. Income-tax Officer.

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : Direct Taxation

Reported in : (1989)30ITD143(Hyd.)

remedy.12. In this connection, we may also refer to the amendment to section 43B brought in by the Finance Act, 1987. This amendment makes it clear that where a payment is actually made on the dates on which it … Tribunal decisions have been relied on. One of them is the case of Satyanarayana Swamy [IT Appeal No. 106 (Hyd) of 1985 dated 22-9-1986]. As per this authority if a payment is made long before the date